PABAN KALITA Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) The Petitioner in the rank of Driver/Lance Naik, who has been dismissed from service pursuant to a departmental proceeding drawn up against him, has made a challenge to the same on ground of procedural irregularity in conducting the enquiry, perverse finding of the Enquiry Officer based on which the penalty of dismissal from service has been imposed and discrimination in the matter of awarding the penalty.

(2.) The Petitioner, while was serving as Driver/Lance Naik, was taken up for a departmental proceeding by way of a first show cause notice dated 25.9.1998. The proceeding was numbered as D.P. No.5/1993. The charge levelled against him reads as follows:

(3.) In response to the show cause notice, the Petitioner submitted his reply denying the charge. For a ready reference, the reply furnished by the Petitioner is reproduced below: